2015 - 2016 LEGISLATURE
October 22, 2015 - Introduced by Representatives J. Ott, Kooyenga, Horlacher,
Sanfelippo, T. Larson, Petryk, Berceau and Craig, cosponsored by Senators
Darling, Carpenter and Nass. Referred to Committee on Criminal Justice
and Public Safety.
1An Act to amend
346.65 (2) (am) 5. of the statutes; relating to: committing a
2fifth or sixth offense related to operating a vehicle while intoxicated and
3providing a criminal penalty.
Analysis by the Legislative Reference Bureau
This bill imposes a mandatory minimum period of confinement in prison for
certain repeat offenders. Under current law, no person may operate a motor vehicle
under the influence of an intoxicant, a controlled substance, a controlled substance
analog or any combination thereof, under the influence of any substance to a degree
that renders him or her incapable of safely driving, with a detectable amount of a
restricted controlled substance in his or her blood, or with a prohibited alcohol
concentration (OWI offense). Penalties for committing an OWI offense increase with
each prior violation. Under current law, a person who commits a fifth or sixth OWI
offense is guilty of a Class H felony and may be fined up to $10,000, imprisoned for
up to six years, or both. Under current law, a person who commits a fifth or sixth OWI
offense must be fined at least $600 and imprisoned for at least six months.
Under this bill, the maximum fine and maximum period of imprisonment for
a person who commits a fifth or sixth OWI offense are not changed. The bill requires
a sentencing court to impose a sentence that orders the person to spend at least 18
months confined in prison.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
346.65 (2) (am) 5. of the statutes is amended to read:
(am) 5. Except as provided in pars. (f) and (g), is guilty of a Class H 3
felony and shall be fined not less than $600 and imprisoned for not less than 6 months
if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, 5
plus the total number of suspensions, revocations and other convictions counted 6
under s. 343.307 (1), equals 5 or 6, except that suspensions, revocations or 7
convictions arising out of the same incident or occurrence shall be counted as one. 8The court shall impose a bifurcated sentence under s. 973.01, and the confinement
9portion of the bifurcated sentence imposed on the person shall be not less than one
10year and 6 months.
(1) This act first applies to violations committed or refusals occurring on the 13
effective date of this subsection, but does not preclude the counting of other 14
violations, convictions, suspensions, or revocations for purposes of administrative 15
action by the department of transportation, sentencing by a court, or revocation or 16
suspension of motor vehicle operating privileges.